I replied in the affirmative. He stated that he smelled marijuana, made me get out of the vehicle and found a substantial amount of marijuana. Were my rights violated because there was no probable cause to stop me. I was arrested, however I did not receive any ticket for any violation. They did not impound my vehicle. Were my rights violated?
You should retain a local criminal lawyer to fight it, and he will certainly contest it. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
This isn't a car accident. You should post this in the criminal defense category so you will hopefully get a helpful response.
These are very fact specific situations and the police often have a different version. I suggest that you hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
You should stop posting any more facts about this matter and contact a criminal defense attorney as soon as possible.
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I'm sure that there was probably some probable cause to investigate once the officer smelled the marijuana. The issue is whether the act of assisting you to park was a pretext to get you to open the window.
If you had a substantial amount of marijuana in the car, then you are, in fact, guilty of the crime, so this would only be a way to preclude the introduction of evidence that proves you are guilty of the crime. If you fail to win that motion, you go to jail for the crime.
Get yourself a criminal defense attorney. Immediately.
This does not constitute legal advice or the engagement of my services as an attorney.
You should contact a criminal defense attorney immediately to determine your best course of action.
Speak to a criminal attorney as soon as possible. The officer will certainly have a different version, but counsel must file a motion to suppress and inform you of the likelihood that you will prevail. These hearings are tough because it is often the officers word versus...no one else's.
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